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Immigration update - December 2023
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Our latest bulletin addresses aspects of the Government’s latest Statement of Changes to the UK Immigration Rules most relevant to UK employers. The headline changes relate to minimum salary thresholds under certain categories. Most of the changes were foreshadowed by the Home Secretary’s announcement in December 2023. The below are effective for all applications submitted on or after 4 April 2024.
Short of reinstating the Resident Labour Market Test and/or the minimum Skills Threshold for Skilled Workers to the previous Related Qualifications Framework (RQF) 6 level, an approximate 47% increase in the minimum gross annual salary threshold from £26,200 to £38,700, reflects a protectionist step intended to prioritise recruitment from the resident workforce.
Key related changes are:
Minimum salary thresholds will also impact other work routes including:
Given the substantial increases particularly under the Skilled Worker route and where possible, employers should focus on recruitment of first time Skilled Workers prior to the 4 April deadline to ensure future applications are dealt with under transitional arrangements.
The Shortage Occupation List (SOL) in its current form will be abolished and replaced with a simplified Immigration Salary List (ISL). The rationale is that the new ISL will address not only occupations experiencing shortages but also those where the Government considers it prudent to offer discounted minimum salary thresholds. The Migration Advisory Committee will review the ISL later this year and presumably going forward, on an annual basis. Whilst roles on the ISL will still benefit from a 20% discount to the general minimum salary threshold, the 20% discount to the previous “going rate” requirement is being removed.
The Government has backtracked from its initial proposal to increase the minimum requirement to £38,700 but the threshold increases from the current £18,600 to £29,000 albeit to balance the scales, the additional minimum income requirement for separate children is being removed.
Electronic Travel Authorisation (ETA) is the cornerstone of the Government’s plan to regulate entries to the UK as Visitors for Non Visa Nationals. The scheme currently applies to nationals of Qatar, Bahrain, Kuwait, Saudi Arabia, Bahrain, Oman and Jordan, with full role out for all Non Visa Nationals expected prior to the end of 2024. The changes add grounds for refusal of applications for ETA in line those which currently apply to all those currently applying to enter the UK as Visitors.
For further information and advice on all UK immigration issues, contact Jonathan Chaimovic or your regular Clyde & Co contact.
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